Wrongful Termination in California: Top 5 Grounds for Claims

A study from the Center for American Progress revealed that one in five US workers have experienced wrongful termination at some point in their careers. Wrongful termination is just one of the many employment cases that affect workers in California.

Wrongful termination happens when an employer fires an employee in violation of state or federal laws or in breach of an employment contract. 

Employees who have been illegally fired in California are left without a job and face significant financial and emotional hardship. 

NOSRATILAW, APLC, says that if you have been terminated from your job, it is necessary to understand your rights and the grounds on which you can claim wrongful termination.

Let us look at the top five grounds to help you decide if you have a valid case and what steps you can take to seek justice and compensation.

Discrimination Based on Protected Characteristics

In California, any discrimination based on a protected characteristic gives rise to a claim for wrongful termination. Race, gender, age, disability, and sexual orientation are all protected characteristics.

Know that illegal discrimination can take many forms, including poor performance reviews and unfair advancement prospects. 

Document each instance of discrimination and consult an attorney specializing in workplace discrimination. Employers are responsible for providing and maintaining a discrimination-free workplace. If you feel that you have been discriminated against, do not hesitate to take legal action and hold your employers responsible. 

Retaliation for Whistleblowing

Reporting illegal acts or unsafe practices at the workplace can cause retaliatory action from your employer. This is prohibited in California and the action is considered an instance of wrongful termination.

Adverse actions, such as demotion, reducing your hours, or firing you outright, taken in response to your report may indicate retaliation. Record of everything, including dates, conversations, and any changes made in your employment. These documents can later be used to support your claim. 

Violation of Employment Contracts

Employment contracts establish the governing terms of the job being performed. Any violation of these could, under certain circumstances, provide a basis for a wrongful termination charge under California law.

If your employer deviated from any term of the contract concerning duties, pay, or hours, you could possibly seek a lawsuit against it. A breach of contract occurs when, for example, your employer suddenly pays you less than what was stipulated in the contract.  

Another type of employment contract violation is the failure to provide benefits that were outlined in the contract. Keep in mind that contracts are legally binding, and any deviations from the contract’s terms are sufficient grounds for legal action. 

Knowing your rights will empower you to seek legal advice if you feel any breach of the contract has occurred.

Public Policy Violations

In California, violations of public policy may form the basis for wrongful termination cases. If you are fired for refusing to commit an act that will violate state policies, you can sue your employer or company. 

Documenting every aspect of your dismissal will help prove your case. Getting an employment lawyer can help you understand your rights and the steps you need to take to file a wrongful termination suit if you think you were fired unfairly.

Harassment Leading to Termination

Termination due to harassment is another basis for a wrongful termination claim in California. 

You would have a strong case if you experienced sexual, racial, or other forms of harassment until your termination.

Employers who knowingly fail to stop workplace harassment can be sued for negligence. 

Any evidence related to the harassment incident is important, so it is recommended that you have detailed documentation.

Quickly reporting the harassment incident will help strengthen your claim and increase the chance of a favorable outcome for your case.